Once the final action date in your section matches or passes your priority date, then your priority date is considered "current", allowing you to progress to the last step in the EB-2 green card process. During this period, candidates might get interview letters/RFE, if applicable. For a visa to be available, the applicant's priority date must be prior to the Final Action Date listed on the applicable section of the visa bulletin. This helps us get estimated dates and projected path of VB dates based on spillovers shown as EB2 FAPD (EB2 Final Action prediction) and EB3 FAPD (EB3 Final Action Prediction). As you can see from this screenshot taken in February 2017, the final action dates for almost every applicable country is current, meaning . This was due to a massive miscalculation from the Visa Office of the State Department: they were worried about unused F4 visas (because of a low response rate to the NVC's Welcome Letters), but advanced the VB dates too much, creating a significant backlog of interview-ready applications and forcing them to . You must respond to a priority action within six months from the date it issues. RFE most likely mean Let's say that the priority date of the applicant is the 1st of December, 2010 and that the final action date is the 22nd of December, 2010. When a case's priority date becomes current (or sometimes shortly before that), USCIS would review the case and identify any new issues such as expired medicals and issue an RFE. May 2022. If you are a prospective immigrant, you can find your priority date on Form I-797, Notice of Action, for the petition filed on your behalf. What it means is that you can go ahead and apply for the next steps to get your green card and there is no wait time. Appreciate if anyone has experience or answers for the following: Current state: EB2 India Date (Aug 2009) got current in Oct 2020 visa bulletin. It may be shorter for some and longer for others. An after-final response refers to a reply to a Final Office Action that is filed without a Request for Continued Examination (RCE). I am assuming any work on newly current cases will start from August 1. The Visa Office has not processed every applicant with a priority date earlier than a prevailing final action date. This chart shows that USCIS expects a green card number may be available in the near future (like the next 8-12 months) for your case and hence invite you to file your green card application. The U.S. Department of State released its Visa Bulletin for May 2022 . The courtesy letter typically says not to send the i693 and that you should bring it to the interview OR send it in if they send an RFE. Green Card Priority Date Movement: Please select Preference: F1 F2A F2B F3 F4 EB1 EB2 EB3 EB4 EB5 Rest Of World China India Mexico Philippines. Start by checking out the . Final Action Dates: Final action dates are determined by your Green Card category and chargeability area which is your country of origin. VB Date Movement. This is a real possibility, but very hard to predict how many applicants are downgrading. Keep this data handy in case you need to compare it to the dates in this bulletin. Citizenship and Immigration Services (USCIS) will not adjudicate your case until your priority date becomes current again. From project selection to the final green card, our experienced team assists and advises investors throughout the EB-5 process. What happens when an applicant has an EB-2 case pending but subsequently moves to EB-3 for a more advantageous final action date? In February 2020, the Final Action Date of F4-All Countries retrogressed considerably. For a visa to be available, the applicant's priority date must be prior to the Final Action Date listed on the applicable section of the visa bulletin. It's a judgment call that depends on whether the examiner will be open to reviewing . 2. Per-country visa limitations; and. However, if a particular immigrant visa category is "current" on the Final Action Dates chart or the cutoff date on the Final Action Dates chart is later than the date on the Dates for Filing chart, applicants in that immigrant visa category may file using the Final Action Dates chart during that month. Final Action Date: The Department of State's New Two-Tiered Visa Bulletin. On the contrary, the VO makes visa allotments only on the basis of total applicants reported documentarily qualified each month, compared with available . Please Note: Applicants entitled to immigrant status become documentarily qualified at their own initiative and convenience. If 25,000 = Then the Final Action date could move . That is when the priority date is said to be current: So, if a case falls within the AC21 GC requirements, the current (pending) I-485 can continue based upon a new job offer. #1 What next once your Final Action Date becomes current 07-28-2020, 04:46 PM All, What are the next steps once your Priority Date becomes current for Final Action as per Visa Bulletin? Note that the USCIS guidance was written before USCIS accepted I-485 applications based on the "Dates for Filing" charts, so the interfile request can only be made when the Visa Bulletin final action date is current for the new IV petition. If the "Final Action Date" is not current, the State Department will be unable to authorize a visa number and the case is placed in the Visa Office's "pending demand file." The data maintained in the pending demand file data enables Charlie to better assess demand and move the "Final Action Dates" at a more reasonable and . At Herman Legal Group, Your Future Matters Most Call now to request a consultation +1-800-808-4013 24/7 Evening and Weekends REQUEST CONSULTATION What does it mean when a priority date is 'current'? Select the "Current Visa Bulletin." Forward to "Family-Sponsored Preferences" to see a table similar to the sample below. For example, in the Visa Bulletin for September 2019, under the F4 category (Brothers and Sisters of U.S. citizens), the Filing Date Table B Priority Date is 08MAR07 (March 8, 2007) while the Final Action Date Table A Priority Date is 01NOV06 (November 1, 2006). The first thing Manuel does next is to check the State Department's Visa Bulletin, a list showing "cutoff dates," or which Priority Dates are "current," meaning that their holders are now entitled to visas. It would then be held until the final . The second, new chart is the "Dates for Filing Application" chart, which indicates the date when a green card applicant can submit an I-485 adjustment of status application. The new job offer must be in the same/similar job classification as the PERM labor job. Finding Your Priority Date. Below are the things that you can do depending on your situation. After your I-485 is filed, you will receive a notice in the mail about your biometrics services appointment, which will be held at a local Application Support Center (ASC). Green card priority dates are given to applicants when the number of visa applications exceeds the supply for . Your child gets CSPA protection only if the date got current in the Final action chart. Spillovers happen in this order: EB4 and EB5 extra green cards are given to EB1. The Chinese final action date moved ahead by one week, now resting at July 22, 2015, while the Vietnamese date jumped ahead three weeks, landing at May 15, 2017. Keep this data handy in case you need to compare it to the dates in this bulletin. Because a species' potential range may be very large, determining this moment is difficult, and is usually done . USCIS's decision to grant or deny a transfer request is discretionary. Special considerations if . If one is able to overcome the reasons for the denial, typically through an appeal or a motion to reopen, s/he (and all dependent family members) may be able to file the I-485 at a later time. In some unfortunate cases, denials will also occur. The basis of your adjustment of status (e.g. The notice will tell you the date, time, and location of your appointment. Step 1: PERM/Labor Certification Stage (EB1 and EB2 NIW doesn't require this Stage) Step 2: I-140 Immigrant Petition Stage. May 13, 2022. If your category is current, then you can move forward with adjusting your status or consular processing as soon as your petition has been approved. In other words, if a person's priority date is listed in the Dates for Filing column, their priority date would be current in the Final Action Date column in less than a year. The waiting time before receiving an immigrant visa or adjusting status depends on the : Demand for and supply of immigrant visas. EB3 India Priority Date - Visa Bulletin Movement. If you don't know what a "visa bulletin" or a "priority date" is, we've got you covered. So, if the Final Action Date does not become current before your child turns 21, your . Final Action Dates: Final action dates are determined by your Green Card category and chargeability area which is your country of origin. Extinction is the termination of a kind of organism or of a group of kinds (), usually a species.The moment of extinction is generally considered to be the death of the last individual of the species, although the capacity to breed and recover may have been lost before this point. Once you know your priority date and your preference category, proceed to the U.S. State Department's monthly visa bulletin. Each budget's FAD is listed on its Budget Information page in . This is an approximation. Posted June 24, 2014. 485 has been applied (when date was current for short time several years ago) and have EAD and AP from several years and also medical test is up to date. If you miss this as well, the government will perceive you have quit, and the next person in the line will get your visa number to the next. family, employment, asylum, etc.) This may prevent the applicant from filing the I-485 when the priority date becomes current. A priority action can be a nonfinal or final action. Portability means that you may continue your current greencard process even if your position, location of employment, and employer change as long as the following conditions are met: 1 . What happens when Final Action Date is current ? A priority date determines a person's position in line for an immigrant visa. My filing date is also just 2 months behind and I have I40 approved from my previous company and LinkedIn has not yet started the process. You have to do the math and decide based on say 25,000, 50,000 and 75,000 folks downgrading and how the date will move for EB2 based on that. Hi William, In the U.S. Department of State's monthly visa bulletin, how to understand the "Date For Filing" and "Final Action Date"? The Indian final action date, however, zipped ahead from January 1, 2020, to "current"—a move of seven months. In other words, if a person's priority date is listed in the Dates for Filing column, their priority date would be current in the Final Action Date column in less than a year. So once again the priority date is yours the moment the I-140 is approved whether it is revoked the very next day, but if it stays unrevoked for 180 days whether or not you're with the same employer you also carry forward the right to extend your H-1B. Answer, To provide those who are stuck in immigrant visa quota backlog with the benefits of a pending adjustment, and to reduce waiting time where possible, U.S. Department of State's monthly visa bulletin provides "Date For Filing" and "Final Action Date" . . How to Read the Visa Bulletin. NJ80, When the PD retrogress, your application will move only upto decision stage (means, only evaluations will continue. Case 3: No Spillover, but EB2 to EB3 Downgrade Creates Movement. OPEN OFFICIAL VISA BULLETIN. I have H4/L2 Kid under 21 years: In cases of H4 children, we strongly suggest filing a new EB2 i485 always. The final action date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. If the H-1B worker's priority date is current and he or she has filed an adjustment application within one year of the priority date becoming current, then he or she may only extend H-1B status in one . Once the PD become current, the decision will be made, probably in . VB Final Action Date. In order to estimate dates, this Site uses the Visa Bulletin data from previous fiscal years and the current fiscal year, and make calculations about possible future dates. EB-2 China Final Action Dates will remain at July 1, 2018, and EB-2 India will remain at September 1, 2011. . The entire AC21 concept is that the I-140 remains valid with respect to a new job offer. A priority date determines a person's position in line for an immigrant visa. As part of his executive actions on immigration, President Obama promised to provide those who are stuck in a quota backlog with "the benefits of a pending adjustment," and to "reduce wait times where possible."This portion of his announcement didn't receive much media . Questions: The Dates for Filing column also reflects when the State Department expects the Final Action Dates to be current 8 to 12 months in the future. Once your date becomes current USCIS will take all the I-485 that became current (from oct01-mar02) and then they will start processing based on the 485 receipt date. But why take that decision right away. Per-country visa limitations; and. Still, after your priority date becomes current in the "Application Final Action Dates" chart, you will have one year to pursue your visa or green card. A lot depends on what is the current age of your child and how soon it can get current in the EB2 final action chart. EB-1 China and EB-1 India will remain current next month. meaning that the priority date must be current. This means that do not abandon . Individuals from those countries facing a Green Card backlog are required to wait years, if not decades, for the Visa Bulletin to inform that priority The first chart, the "Application Final Action Dates" chart will list the priority dates that are current. There are three stages for Green Card for EB2 and EB3. USCIS has just announced that as of February 1, 2019, they will use the "Final Action" dates in the February 2019 Visa Bulletin for accepting new I-485 adjustment of status applications.. When your final action date becomes current, you would see "Current" or "C" in the Visa Bulletin. After-final responses should be used judiciously depending upon the specific circumstances of a particular patent application. September 9, 2015. The waiting time before receiving an immigrant visa or adjusting status depends on the : Demand for and supply of immigrant visas. Finding Your Priority Date. The cut-off dates in the "dates for filing" chart are slightly later (1-10 months) than those in the "final action dates" chart, which allows green card applicants to file their applications that much sooner. If it becomes necessary during the monthly allocation process to retrogress a final action date, supplemental requests for numbers will be honored only if the priority date falls within the new . USCIS approves the petition, thus making August 31, 2021 Manuel's Priority Date. In that case, to adjudicate your green card, your priority date must be current under the Final Action Chart. If you are a prospective immigrant, you can find your priority date on Form I-797, Notice of Action, for the petition filed on your behalf. Your i485 EAD and AP card can be approved but your GC application (i485) stays pending until your PD date gets current in the 'Final Action' chart. The "Final Action Dates" indicate the dates an immigrant visa number will be available for a foreign national with a current priority date that month. When the number of immigrant visas is finally available, the foreign national can reach one of the important green card process steps where their physical visa can be finally issued. There's no way to know exactly when, so . The Final Action Date (FAD) is the last day the budget is open for the department to post expenditures. How long Indian EB-5 investors will avoid a backlog, however, is . Thus, the key differentiating factor between the one and three year extensions is whether the H-1B worker's I-140 priority date is current. One day, your priority date will become current—in other words, you will finally see a later date, or the letter "C" on the "Dates for Filing" Visa Bulletin chart. Portability means that you may continue your current greencard process even if your position, location of employment, and employer change as long as the following conditions are met: 1 . Estimated Wait Time. Then it's time to move forward with the process of getting your immigrant visa or green card. When the applicant's priority date becomes "current," he will be able to file for Adjustment of Status and receive his green card. If the final action date moves forward until it matches the current calendar date, it will be considered "current" (marked by a "C" in the bulletin). will be a significant factor. At this stage priority date between oct01-mar02 does not matter. your labor certification or I-140 petition must have been filed at least 365 days before you reached your six-year limit of H-1B time, and you'll need to file your I-485 application for adjustment of status within one year of your Final Action Date becoming current (if outside the US, you would need to apply for an immigrant visa within one year). Step 3: I-485 Adjustment of Status Stage. If case action was originally made with EB-2 number was available but the date retrogressed before the case could be adjusted, USCIS would request an EB-2 visa authorization. Wait for 4-6 months to get better clarity. Under current USCIS policy, the Filing Date does not freeze the age of the child based on the Filing Date (see Recipe for Confusion: USCIS Says Only the Final Action Date in the Visa Bulletin Protects a Child's Age under the Child Status Protection Act). Date For Filing vs. "Final Action Dates" shows the dates when a number of immigrant visas will be available for foreign nationals who have a current priority date during that month. August bulletin advanced Final Action Date for EB1C India by 7 Months. Keep track of your priority date, and take steps . If final action date moves closer to my date, I am Planning to move back to my previous company too. For example, July Visa Bulletin is most likely published between June 10 th and 15 th. The priority date is earlier (before) the final action date. Form I-485, Application to Adjust Status, and related forms, your I-485 processing time can take anywhere from 8 to 14 months. After the FAD, your budget will automatically change from Status 1 (open to revenue and expenditures) to Status 3 (closed to revenue and expenditures, open to expense transfers). . Note: Employment-Based Green Card process is driven by the Employer and cannot be self-sponsored. Watch the Video on this FAQ: Priority date and original I-140 approval notice. At a glance USCIS has announced that it will accept employment-based adjustment of status applications with a priority date that is earlier than the Dates for Filing listed in the October Visa Bulletin. no decision will be made). Video Transcript. Priority actions are typically issued when an examining attorney believes the legal problems can be resolved in writing by the applicant once the problems are discussed by phone or email. The results are estimates and for your informational use only, and we specifically disclaim the accuracy of the information provided. The green card priority date refers to the applicant's place in the visa queue to receive his green card. Hi William, In the U.S. Department of State's monthly visa bulletin, how to understand the "Date For Filing" and "Final Action Date"? Answer, To provide those who are stuck in immigrant visa quota backlog with the benefits of a pending adjustment, and to reduce waiting time where possible, U.S. Department of State's monthly visa bulletin provides "Date For Filing" and "Final Action Date" In February 2020, the Final Action Date of F4-All Countries retrogressed considerably. That's a big deal if you're waiting for your priority date to be current so that your green card application can move forward. Unfortunately, if you previously filed your I-485 adjustment of status application but your priority date has retrogressed and is no longer current, the U.S. I-485 Can Be Filed Anytime in the Future Your name check needs be cleared by the time they take your I-485 file. The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States.It has ultimate appellate jurisdiction over all U.S. federal court cases, as well as over state court cases that involve a point of federal law.It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and . This means that applicants who have a current priority date under the January 2019 Visa Bulletin may need to rush and file I-485 immediately and before February 1, 2019 as their date may no longer be current. The Final Action Dates chart determines when an I-485 or IV can be approved, while the Dates for Filing Chart determines when an applicant can file an I-485. If there is legislative action extending the categories for FY 2020, the final action dates would immediately become "Current" for January for all countries except China-mainland born I5 and R5, which would be subject to a November 22, 2014 final action date; India I5 and R5, which would be subject to a May 1, 2018 final action date; and . Suppose you have an Adjustment of Status (AOS) application currently pending. However, this is not a written rule and the Visa Office may release a new visa bulletin as early as the 8 th, or as late as the 18 th. This was due to a massive miscalculation from the Visa Office of the State Department: they were worried about unused F4 visas (because of a low response rate to the NVC's Welcome Letters), but advanced the VB dates too much, creating a significant backlog of interview-ready applications and forcing them to . EB1's unused GC numbers are given to EB2 ROW (The rest of the world). The Dates for Filing column also reflects when the State Department expects the Final Action Dates to be current 8 to 12 months in the future. Date. At this appointment, you will provide your fingerprints, photograph, and/or signature, which will . The Department of State usually releases new visa bulletin two to three weeks ahead. This is an important date because once the immigrant visa number is available, the foreign national's physical green card can be issued. If you haven't heard from USCIS within 30 days of your visa availability or you would like to get information about your case's status, you should contact the USCIS Contact Center at 800-375-5283. According to the current policy memo guiding adjudications, the clock starts ticking on the 180-day period as soon as the I-485 is appropriately filed with USCIS .
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